Sub-Decree on Access to and Sharing of Benefits Arising from Utilization of Genetic Resources.

This Sub-Decree of the Royal Government of Cambodia stipulates about formalities, procedures, and requirements for fair and equitable sharing of the benefits arising from access to genetic resources, their derivatives, or associated traditional knowledge for the purpose of establishing a clear mechanism to implement the Nagoya Protocol of the Convention on Biological Diversity to contribute to the conservation of biodiversity and sustainable use of its components.
The Sub-Decree outlines procedures for obtaining access permits, including application requirements, prior informed consent, and mutually agreed terms between users and providers. It also defines roles and responsibilities of national authorities, users, and providers, including obligations during and after access, confidentiality rules, and penalties for violations. The Sub-Decree specifies benefit-sharing modalities, requiring both monetary and non-monetary benefits to be shared fairly with providers. Monetary benefits must include at least 1–2% of income depending on the type of use, with 20% allocated to a national ABS fund. Non-monetary benefits may include joint research, capacity building, and technology transfer. It further establishes mechanisms for monitoring, reporting, and dispute resolution, and includes transitional provisions for permits issued before the sub-decree’s enactment.